Miller v. Gilbert et al

Filing 152

ORDER denying 148 Motion for Reconsideration signed by Judge Benjamin H. Settle. **2 PAGE(S), PRINT ALL** (Christopher Miller, Prisoner ID: 632688) (MGC)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 8 CHRISTOPHER MILLER, Plaintiff, 9 10 v. CASE NO. C16-5891 BHS ORDER DENYING PLAINTIFF’S MOTION FOR RECONSIDERATION MARGARET GILBERT, et al., 11 Defendants. 12 13 14 15 This matter comes before the Court on Plaintiff Christopher Miller’s (“Miller”) motion for reconsideration. Dkt. 148. On April 29, 2019, the Court denied Miller’s motion to appoint counsel. Dkt. 145. 16 In that order, the Court informed Miller that it sent multiple requests to the pro bono 17 panel after appointed counsel withdrew. Id. No attorney, however, volunteered to 18 represent Miller so the Court denied Miller’s motion to appoint counsel. Id. On May 7, 19 2019, Miller filed the instant motion requesting reconsideration. Dkt. 148. Miller states 20 that he is having difficultly litigating this matter by himself and respectfully asks for 21 placement back on the pro bono panel. Id. 22 ORDER - 1 1 Because no attorney volunteered to represent Miller, the Court’s only option 2 would be to force an attorney to represent Miller. At this point, the Court declines to 3 impose such an obligation on an attorney in this civil suit for damages. If Miller finds an 4 attorney to represent him, the Court will favorably consider an appointment of that 5 attorney. Regarding the merits of the instant motion, the Court DENIES the motion 6 because it is not error to deny a motion to appoint when no attorney volunteers for such 7 an appointment. 8 IT IS SO ORDERED. 9 Dated this 3rd day of June, 2019. 10 A 11 12 BENJAMIN H. SETTLE United States District Judge 13 14 15 16 17 18 19 20 21 22 ORDER - 2

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